I am also being advised to: "ps: Since we need you on board soon, you are required to hold a tourist visa when you enter China. The Company is responsible to get you a work visa after you arrive and shoulder the cost of visa conversion. You will do a medical examination in Beijing and bear the cost according to the contract. For more details, pls check the Terms & Conditions in the contract."

I've got a BA, US math teacher certification, and two years teaching experience.

I'm told the tax on the salary of 14,800rmb will be 1000 to 1500rmb.

Thank you for your help.

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Last edited by ChrisTeacher on Thu Nov 01, 2012 2:36 pm; edited 1 time in total

I wouldn't say anyone is trapped here by working illegally. If you're working without the proper documentation it's just as easy for you to leave as it is for the school to screw you over. Neither party is bound by the contract. Even if bound by a contract leaving is always an option. People only get trapped here if they're stupid enough to show up in China with no money and CAN'T leave if the employer decides to screw you over.

I almost got through it but couldn't read up to the end. Some is standard. I didn't think the section about the probationary period was worded in your favor, but since you said it was cancelled, then perhaps nothing to worry about. I couldn't understand what they meant about training during the holidays. First, that sucks. Second, are you expected to be the student or the teacher? Holiday pay during Spring Festival is pretty poor. Public schools generally pay through a long holiday with no work expected. Language institutes do a lot of business at this time, so obviously they have smaller holidays generally speaking.

The key will be talking to other teachers, either current or former, or both. How do they treat the foreign teachers? Going in with a tourist visa is putting all of the risk on you. The contract you sign and email means nothing. If they change their minds, based on you or based on their circumstances, well, you've just won a self-financed holiday in Beijing. Congratulations!* (*Any offer made is not to be considered an actual obligation on the part of the school. Party A is a fictional character and any similarities to any person or school living or dead is purely coincidental. No recourse, do it today!)

OP you have real teaching credentials so you could be making closer to a western salary in China or other countries in an international-curriculum school. But you missed out for this year no doubt, so this job could be something to tide you over for a year. But again, ask current or former teachers for information about the way the school treats teachers. If they can't put you in touch with any, that's a huge red flag.

Different campuses and different projects? Will I be expected to travel from school to school?

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雇员每月税前总工资额为：人民币_14800__元， 其中包含每月基本工资人民币_4000_元。公司每月至少为雇员安排80课时，由于公司原因造成少于80课时的教学任务，按照80课时计算。课时数超过80课时以上的部分，则按照__150_元/课时核算。
The employee’s monthly pre-tax salary totally amounts to _14800_ RMB, which contains the basic monthly salary of __4000_RMB. The Company will at least arrange 80 class hours for the employee in a month. If the Company fails to arrange enough hours, the salary will still be calculated by 80 hours. For the extra part, it will be calculated as _150_ RMB per class hour.

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协议生效期间的寒暑假，雇员享有基本工资和实际课时工资，课时工资标准为__150_元/课时。寒暑假的具体日期安排根据各个教学中心教学安排确定，每年会有不同。如果雇员寒暑假每月基本工资和实际课时工资总额低于5000元，则按照5000元发放。否则，按照基本工资加实际课时工资发放。
During the winter and summer holidays within the contract period, the employee will enjoy a basic salary and actual class fee, and the latter will be _150_ RMB / per class hour. The exact date of summer and winter holiday varies each year according to the teaching schedule of the teaching centers. If the employee’s monthly basic salary and actual class fee amounts to less than 5000 RMB during summer and winter holidays, the salary will be issued according to 5000 RMB. Otherwise, it will be paid in accordance with the basic salary and actual class fee.

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How long are winter holidays? Is summer holiday not after the end of the contract in June?

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根据工作需求，公司可以在假期期间安排教学研讨会或者培训，雇员应把培训作为工作的一部分，不再另行支付报酬。
According to the work requirements, the Company may arrange teaching seminars or training courses during holidays, and the employee should take the training section as part of his/her work without any additional payment.
2.5.2

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This does concern me.. training during holidays.

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2.5公司为雇员提供岗前培训，培训期间提供食宿。岗前培训不是雇佣关系的正式开始，故雇员不会得
到工资或者其他的员工福利。如因雇员自身原因，在未得到公司许可情况下，不能完成岗前培训
并获得认证，公司有权终止合同。
The Company will carry out pre-job training for employees, and will provide accommodation during the
training. However, the pre-service training is not the official start of employment relationship, so during
the training employees can not enjoy wages and other employee benefits. If the employee cannot fulfil the
pre-job training with certification for his/her own reasons as well as without the Company’s permission,
the Company has the right to terminate this contract.

---

Pre-job training as a requirement makes me worry about some troubles with a proprietary curriculum (PGA)

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全面完成本协议约定的雇员在完成之日可享受人民币8000元机票补贴和人民币2200元旅游补贴。
此补贴在本协议届满之日后一周内发放，本协议另有约定除外。
For employees having fulfilled this Agreement, they can enjoy a transportation subsidy of 8000 RMB and
a travel subsidy of 2200 RMB at their expiry of contract. Unless it is agreed otherwise, these subsidies
will be paid within one week after the expiry of this Agreement.

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Is this amount sufficient for a round-trip ticket? Is that how the travel subsidy is used most often -- people buy a round trip ticket for a year later, and then get reimbursed after completion - then they've got a ticket to visit back home.

Then, if they stay on with the company, another travel subsidy is provided?

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5.1 公司每月按考勤、课时数核算工资，根据中国法律相关规定，公司有权在员工每月工资中直接扣
除员工应缴的个人所得税。
The employee’s salary will be calculated monthly on the basis of his/her attendance and class hours. In
accordance to relevant provisions of Chinese laws, the Company is entitled to directly deduct the payable
personal income tax from the employee’s monthly salary.
5.2 按照中华人民共和国个人所得税法和出台的相关条例，公司在扣除雇员个人所得税时，须通知雇
员。
According to the Personal Income Tax Law of the People's Republic of China and relevant regulations,
the Company shall notify the employee when deducting the personal income tax.
5.3 在任何情况下，如雇员还有协议中所提及的或任何其他的对公司的未付款，公司会保留所有在雇
员薪资中扣除应付款的权利。
In any case, if the employee has any non-payment mentioned in this agreement to the company, the
company will retain the rights to deduct it from the employee’s payroll.
5.4 公司不负责雇员在中国境外发生的任何税款。
The Company is not responsible for any tax occurred by the employee outside China.

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Are these tax provisions standard -- with deduction directly from the paycheck?

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6 证件 Work Visa and Foreign Expert Certificate
6.1 公司为签订全职协议的外籍雇员代办在华工作相关证件，证件的种类有来华工作许可证、居留许
可证、专家证。
The Company as an agent of the employee helps the employees to get necessary documents for the full-
time foreign employees to facilitate their work in China, including China’s work permit, residence permit
and the expert certificate.
6.2 外籍雇员需在规定的时间内向各教学中心相关负责人提供办理以上证件的必要资料，否则公司保
留立刻终止合同的权利。
Foreign employees are required to provide necessary materials to the relevant person in teaching centers
to apply for the above documents within the stipulated time, otherwise the Company reserves the right to
immediately terminate the contract.

办理签证过程中所需的境内签证费用由公司承担。雇员需要承担体检费用以及境外签证办理的相
关费用。
The domestic fees occurred in the process of applying for visa shall be borne by the company, but the
Employee is required to bear the medical expenses and costs associated with foreign visa.
6.5 如雇员经过公司允许需要中介参与办理工作签证，或者需要到香港转签，公司将承担此部分费

用。如因雇员个人原因或不可抗力因素未完成协议履行，雇员需要偿还公司此部分发生的费用。
If the employee obtains the Company’s permit to hire an intermediary agent in the process of visa
application, the Company will assume this part of the visa application cost. If the Agreement cannot be
performed for the employee’s personal reasons or force majeure, the employee is required to repay the
cost incurred by the company in this section.

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Does the fact that this is specified in the contract make the whole -- show up on a tourist visa because we need you now, then we get a work visa -- does that make it any more legitimate?

Is a contract only legitimate if the work visa is actually obtained from the government before I arrive there?

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7.3 寒暑假 School holidays
7.3.1 协议生效期间的寒暑假，雇员享有基本工资和实际课时工资。寒暑假的具体时间安排根据各
个教学中心教学安排确定，每年会有不同。
During the winter and summer holidays within the contract period, the employee will enjoy a
basic salary and an actual class fee according to class hours. The exact date of summer and winter
holiday varies each year according to the teaching schedule of the teaching centers.
7.3.2根据工作需要，公司可以在假期期间安排教学研讨会或者培训，此类培训为雇员正常工作职
责范围。
According to the work requirements, the Company may arrange teaching seminars or training
courses during holidays, and the employee should take the training section as part of his/her work.

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Requirement to work during holidays for training does concern me.

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时候不能披露、泄漏、使用任何公司商业秘密（包括但不限于协议的内容、工作、教学材料
等），否则，你将被立即辞退。
As the Company’s employee, you may have the opportunity to contact and deal with some trade secrets
of the Company. This information is necessary to maintain confidentiality, and the electronic or print
materials in your hand require a secure collection and custody. By entering into this agreement, you
have to ensure that the information cannot be disclosed or leaked, and you are not allowed to use any
of these trade secrets (including but not limited to the content of the agreement, working and teaching
materials, etc.), otherwise you will be immediately dismissed.
在任何时候，无论在合同期或合同终止后，你都不可以泄漏或者交流这些你在工作中得到的有
关生意、策略、事物、财政或者价格敏感的信息，或者任何的设计、进程、系统、发明、客户
信息或者供给信息。你不允许用这些信息为了个人的目的，除非是为了完成公司交办的工作任
务。没有公司的许可，你不得泄漏任何公司商业秘密。
At any time during or after the term of the contract, you cannot leak or exchange the Company’s
sensitive information on business, strategy, things, financial affairs or price, or any design, process,
system, inventions, customer information or supply information. You are not allowed to use this
information for personal purposes, unless it is for accomplishing the tasks assigned by the company.
Without permission of the Company, you shall not disclose any trade secrets.

---

Uh oh, looks like I already released the trade secret of the 'content of the agreement'?

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B、雇员发生以下行为，将受到口头或书面警告，并处罚款100-500元：
In case of the following behaviors, the employee will be subject to verbal or written warning with a
fine of 100-500 RMB:
12.9.12 其行为影响工作效率或者工作质量；
The employee’s behavior affects the working efficiency or quality；
12.9.13 其言辞或者行为蓄意冒犯其他员工；
The employee’s words or behavior deliberately offends other employees；
12.9.14 由于疏忽造成公司资源的浪费；
The employee’s negligence causes a waste of the Company’s resources；
12.9.15 无理拒绝跟其他员工的工作合作；
The employee unreasonably refuses to cooperate with other employees；
12.9.16 拒绝汇报工作中存在的问题；
The employee refuses to report the problems during work；
12.9.17 拒绝合理加班；
The employee refuses reasonable extra work；

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Is this reasonable extra work clause a red flag?

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The employee breaks the provisions of the contract and discloses relevant salary and
benefits to others, which causes negative effect.

---

Or this? Might have done that already.

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13 合同终止 Termination of this Agreement
13.1 离职通知期Notice period of resignation
13.1.1 对于正式雇员，任何一方欲终止该协议，需提前一个月提供书面通知。试用期雇员，任
何一方欲终止该协议，需提前七天提供书面通知。此外，合同协议可在达成一致意见的
情况下提前终止该合同。
During full-time employment, if either party wishes to terminate the Agreement, this party
shall provide the written notice one month in advance. During the probationary period, such
written notice is required to be provided seven days in advance. In addition, early termination
of the Agreement can be achieved by the consensus of both parties.
13.1.2 发生辞退情况下，该员工应即刻离职，并且公司除支付其在职期间的劳动报酬不给予其
任何额外的补偿和福利。
In case of dismissal, the employee should immediately resign from the job, and the Company
is only responsible for his/her labor remuneration during employment without any additional
compensation or benefits.
13.1.3 雇员若在在职最后一月内未履行完整月的职责的情况下离职或被辞退，工资应当按比例
扣除。
If the employee leaves this job without completely fulfilling the duties of the last month, the
company will make a proportional deduction from the employee's salary.

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This sounds reasonable.

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15 竞业禁止Non-Competition

15.1 雇员在终止与本公司协议后的一年内禁止有如下行为：
The employees is banned from the following acts within one year after the termination of the
Agreement

15.2 为了个人或其他人、公司和企业的目的直接或间接地在中华人民共和国从事与本公司或本公司的
办事处、分公司或分支机构或与本公司有关的个人或企业有竞争或构成竞争关系的商业活动；
Directly or indirectly carrying out business activities in the People's Republic of China that form
a competition with the Company or the Company's offices, branches or affiliates, or individual or
business relating to the Company for personal purpose or purposes of other persons, companies and
enterprises;
15.3 引诱、唆使或者蓄意引诱、唆使本公司以及本公司分支的职员离职，不论这些人离职或违背了
劳动合同与否；
Luring or soliciting or deliberately inducing and instigating the Company and the Company's branch
staff to leave their jobs, whether these people’s leave violates the labor contract or not;
15.4 雇佣持有本公司或本公司任何分支机构或分公司的商业信息、商业机密或客户资源的在职主管、
经理、服务人员或咨询顾问等职工；从与本公司有劳动关系的任何员工、企业、公司、机构或
客户处进行招商。
Hiring the on-duty supervisors, managers, service personnel, consultants or other staffs who hold the
business information, trade secrets or customer resources of the Company or any of its affiliates or
branches; or attracting investment from any employee, enterprises, companies, agencies or clients that
have labor relations with the Company.
15.5 若雇员实施上述行为，则雇员视情况应当承担侵权或者违约责任。
In case the employee perform any act mentioned-above, the employee shall assume the infringement
liabilities or breach liabilities as the case may be.

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Are non-compete clauses standard? This appears to be a very private institution.

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Schedule
工作职责描述Job Description of the Teaching Position
All teachers shall be in charge of the delivery, assessment and evaluation and administration of the teaching
modules being taught. Specifically, Employee should be responsible for:

提前5分钟到达教室；

Be in the class five minutes before the class starts;

上班期间按照公司规定着装。不许穿背心、短裤、拖鞋等非职业化的服装；

Abide by the Company’s dress code during working time. The employee is not allowed to wear a ″vest,
shorts, slippers and other unprofessional clothing;

根据《教师指南》备课；

Prepare lessons well prior to teaching according to Teacher Guide;

每周提交教学计划给教学中心校长审查

Write teaching plan per week, which is examined periodically by the principal of teaching centers;

根据教学大纲教授各个模块的教学内容;

Teach the teaching contents of each module according to the syllabus;

参与课下辅导；

Tutor students during self-study period after class;

纪录学生的出勤率；

Record student attendance;

每个模块都要做教学纪录。在模块教学结束后，雇员签署姓名和日期上交给教学中心校长；

Keep all records relating to the module being taught. At the end of each module, the employee should
sign and date each section of the Class Record and submit to the principal of teaching centers;

完成模块教学过程中的学生能力评估表。当最终教学成果和教学评估完成时， 填写日期并签名；

Complete and sign the Competency Sign off Logs as the student’s progress through the module. When the
final learning outcome and the learning criteria have been completed, the date is inserted and signed by
the employee;

每个级别完成后，辅助教学中心校长准备学生能力测试清单；

Assist the principal of teaching centers in the preparation of the Student Competency Checklist at the
completion of each level;

提交能力测试结果，课堂记录和学生能力测试清单不能晚于教学模块完成之后的两周；

Provide the principal of teaching centers with Competency Sign Off Logs, Class Record Book, and
Student Competency Checklists no later than two weeks after the completion of module;

确认所有评估材料和清单完整准确；

Ensure that all Sign Off Logs and Checklists are complete and accurate;

给学生提供适当的批注；

Assess students’ work with appropriate comments;

提供给教学中心校长批改的作业样本；

Provide the principal of teaching centers with samples of assessed student work as required for
moderation purposes;

每周或月给教学中心校长提供每个模块中的教学优势和存在问题；

Report of each module taught by Employee weekly or monthly required by the principal of teaching
centers stating its strengths, concerns etc;

确认问题学生，填写缺勤表格并且在每次评估后提交给教学中心校长；

Identify students who are deemed at risk, fill in the Non-attendance Form and submit to the principal of
teaching centers after each assessment;

完成每个模块教学之后，提交教师评估报告给教学中心校长；

Complete the Teacher Evaluation Report at the end of each module and submit to the principal of
teaching centers;

参与公司员工例会，研讨会等学术讨论；

Attend staff meetings and seminars arranged by the Company and participate in the academic discussion;

接受公司听课安排；

Accept open class by the Company;

通读公司要求的材料；

Read all the related materials required by the Company;

参与公司安排的培训；

Attend the teacher training courses arranged by the Company;

在公司同意的情况下，雇员应该给学生提供必要的教学材料；

With the consent of the Company, the employee shall provide students with necessary supplementary
teaching materials;

Under the requirement of the Company, the employee shall participate in activities regarding PGA
propaganda and students’ enrollment, including but not limited to open class, teaching class recording,
teaching demo and parents meeting. Foreign teachers should cooperate with the Company’s attending
class, inspection, and some necessary research work for schools, etc.

要求教师积极参与教研工作，发挥学科骨干带头作用。对于教学效果好，工作优异的外籍教师，
有机会活的骨干教师称号，并享受相应待遇。

Aggressively participate in teaching and research work, and give full play to the exemplary and leading
role of discipline. The excellent foreign teachers with superior teaching effectiveness are available to
obtain the title of backbone teacher and enjoy the appropriate treatment.

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Somehow the wording and specificity of these teaching principles scares me -- it looks like a system where I am a cog rather than a teacher.

And the fact that I am at their whim on a tourist visa when I get there -- sounds like a trap.

Your first job in China should have the least downside, rather than looking at all those dollars.
The tourist visa approach is a major downside and for that reason should be a huge warning bell.
As another poster has mentioned all the 'Party A and Party B' boilerplate is useless if there is no contract as is the case if you are here illegally.
What are you going to do? Front the PSB or other agency and say 'I'm here illegally, but you have to help me'?
Even though it is the off season for hiring, there will be legit jobs for start after Spring Break, so why not wait a month or so for these to be advertised.

But that pay level is certainly higher (although we don't know details of the 'package') than the average uni gig.
Unless there are glowing testimonials from current and past FTs, I suggest look elsewhere.
I agree that as a certified teacher with current registration in home country teaching at an international school here the base would be higher, plus there would be the other bells and whistles, such as accom, airfares.

1) I am worried about travelling over and working on a tourist visa -- can we arrange a Z-visa in my passport before I arrive in Beijing?

We will get you a work visa within a month after you arrive. Of course, we prefer to get you a work visa before you arrive here. However, it take about 50days to complete the whole process overseas which is too long for us. Our current substitute teacher is leaving 16th Nov. So, we hope you can arrive here around 20th. We will hire a visa agent to process your visa conversion which cost us about RMB3000. The company would like to bear the extra cost to meet the teaching schedule.

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There were better offers for certified teacher, which I didn't commit to, and I now regret -- I'm afraid I won't find anything for months if I refuse this offer now -- yes, I'm acting a bit hastily -- never been a good negotiator whatsoever.

It's only to June -- which is 7 months.

They seem to have missed the request for teacher e-mails who are there, I will ask again.

Without reading the contract I can't comment.
No offense, but so many of these come onto the forum that I leave it to others.
If you really believe it is an urgency thing that is giving cause to the tourist visa, then you may want to proceed with some input from another FT.
Still the base salary is neither here nor there.
It isn't a uni gig which would equate to RMB9-10K max with the housing, travel costed in.
It isn't an international school offer either.
My international school info is 10 years old but a senior registered primary/grade school teacher was earning 20K pm plus health, travel, accom then.
The other FTs are the key I feel.
Are you under pressure to get working?

A certified teacher of math with 2 years of experience is prime material for most IB international schools. You are in more demand than you think. If you don't have pressing financial issues, I'd say give this offer a pass, or make the Z visa a deal breaker at least.

In fact, if you can stay put in philly for the next eight months (it's a long time, I admit), you could get on joyjobs.com, internationalschoosreviews.com, and/or tieonline.com and start making connections with international schools. Their benefits package will make that offer look like a stale hot dog in 7-11. Math and science teachers always seem to be in demand in the international school markets.

But if you gotta get working sooner than later, then it's a whole different ball game...